Bill S5428-2013

Requires social services districts to conspicuously post a notice of basic rights in each of their facilities open to the public

Requires the office of temporary and disability assistance to work with local social services districts to determine what information shall be given to applicants and recipients of public assistance and to post such information on their website.

Details

Actions

Memo

BILL NUMBER:S5428

TITLE OF BILL: An act to amend the social services law, in relation to requiring social services districts to conspicuously post a notice of basic rights

PURPOSE OR GENERAL IDEA OF BILL: Social Services sill of Rights Act. To amend the social services law, in relation to requiring social services districts to conspicuously post a notice of basic rights.

SUMMARY OF SPECIFIC PROVISIONS: Offices of social services, which are open to the public, are to post conspicuously a notice of recipients basic rights, already established by law, which are as follows:

* Right to a Fair Hearing * Duty to Assist * Right to Emergency Assistance * Right to Apply * Right to Child Care * Right to Free Language Services * Right to Screening and Special Services If Experiencing Domestic Violence * Right to Full and Equal Access to Benefits and Services * Right to a Written Adequate Notice

JUSTIFICATION: The aforementioned rights are all enshrined in law or through precedence. However, those seeking benefits may not be aware of their existence or specific details. This bill will require all public assistance offices that are open to the public to post discernibly the document containing these rights with details of their utility so that the applicant may make informed decisions about benefits. This will allow employees at said agencies may better serve the public.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS: None.

EFFECTIVE DATE : This act shall take effect on the ninetieth day after it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________
5428
2013-2014 Regular Sessions
IN SENATE
May 16, 2013
___________

Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, in relation to requiring social
services districts to conspicuously post a notice of basic rights
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
134-c to read as follows:
S 134-C. PUBLIC NOTICE OF BASIC RIGHTS. SOCIAL SERVICES DISTRICTS
SHALL CONSPICUOUSLY POST IN EACH OF THEIR FACILITIES, WHICH ARE OPEN TO
THE PUBLIC, THE FOLLOWING NOTICE OF THE BASIC RIGHTS OF APPLICANTS AND
RECIPIENTS OF PUBLIC ASSISTANCE AND CARE:
"NOTICE OF BASIC RIGHTS
1. RIGHT TO A FAIR HEARING: YOU HAVE A RIGHT TO A FAIR HEARING IF YOU
DISAGREE WITH (A) THE AMOUNT OF BENEFITS YOU ARE RECEIVING, OR (B) AN
ACTION OR DECISION MADE BY THE AGENCY, OR (C) THE AGENCY'S FAILURE TO
ACT UPON YOUR APPLICATION.
2. DUTY TO ASSIST: THE JOB CENTER MUST HELP YOU OBTAIN REQUESTED DOCU-
MENTS AND/OR INFORMATION THAT YOU HAVE BEEN UNABLE TO OBTAIN FROM ANOTH-
ER PERSON OR AGENCY AFTER MAKING REASONABLE EFFORTS.
3. RIGHT TO EMERGENCY ASSISTANCE: IF YOU QUALIFY, YOU HAVE A RIGHT TO
FOOD STAMPS, WITHIN 5 DAYS AFTER THE DATE OF YOUR APPLICATION, AND YOU
HAVE A RIGHT TO EMERGENCY NEEDS ASSISTANCE OR CARE, INCLUDING A CASH
GRANT, UPON APPLICATION.
4. RIGHT TO APPLY: EVERY INDIVIDUAL HAS THE RIGHT TO APPLY FOR CASH
ASSISTANCE, AND TO RECEIVE A PROMPT WRITTEN DECISION THEREON.
5. RIGHT TO CHILD CARE: EVERY PERSON HAS THE RIGHT TO RECEIVE APPRO-
PRIATE CHILD CARE IF THEY NEED SUCH CARE TO PARTICIPATE IN REQUIRED OR
ASSIGNED ACTIVITIES.
6. RIGHT TO FREE LANGUAGE SERVICES: YOU HAVE A RIGHT TO FREE INTERPRE-
TATION SERVICES IF YOU DO NOT SPEAK OR UNDERSTAND ENGLISH WELL; AND YOU

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10689-01-3

S. 5428 2

HAVE A RIGHT TO RECEIVE WRITTEN NOTICES IN ARABIC, CHINESE,
HAITIAN-CREOLE, KOREAN, RUSSIAN OR SPANISH.
7. RIGHT TO SCREENING AND SPECIAL SERVICES IF EXPERIENCING DOMESTIC
VIOLENCE.
8. RIGHT TO FULL AND EQUAL ACCESS TO BENEFITS AND SERVICES, AS WELL,
AS A RIGHT TO REASONABLE ACCOMMODATIONS UNDER THE AMERICANS WITH DISA-
BILITIES ACT.
9. RIGHT TO WRITTEN ADEQUATE NOTICE: YOU HAVE THE RIGHT TO WRITTEN
ADEQUATE NOTICE OF (A) ANY AGENCY ACTION TO DENY, DISCONTINUE, SUSPEND,
REDUCE OR RESTRICT YOUR BENEFITS, AND (B) ANY DETERMINATION THAT YOU ARE
NOT ELIGIBLE FOR AN EXEMPTION FROM WORK."
S 2. This act shall take effect on the ninetieth day after it shall
have become law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech;
or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation
is generally performed Monday through Friday.